Texas Register Table of Contents
- 1 Governor
- 2 Governor
- 3 Governor
- 4 Advisory Board of Athletic Trainers
- 5 Texas Health and Human Services Commission
- 6 Texas Health and Human Services Commission
- 7 Texas Health and Human Services Commission
- 8 Texas Health and Human Services Commission
- 9 Texas Health and Human Services Commission
- 10 Texas Department on Aging and Disability Services
- 11 Texas Health and Human Services Commission
- 12 Texas Health and Human Services Commission
- 13 Texas Health and Human Services Commission
- 14 Texas Health and Human Services Commission
- 15 Texas Health and Human Services Commission
- 16 Texas Health and Human Services Commission
- 17 Texas Health and Human Services Commission
- 18 Texas Health and Human Services Commission
- 19 Texas Health and Human Services Commission
- 20 Texas Health and Human Services Commission
- 21 Texas Health and Human Services Commission
- 22 Texas Health and Human Services Commission
- 23 Texas Health and Human Services Commission
- 24 Texas Health and Human Services Commission
- 25 Texas Health and Human Services Commission
- 26 Texas Health and Human Services Commission
- 27 Texas Department of State Health Services
- 28 Texas Department of State Health Services
- 29 Texas Department of State Health Services
- 30 Texas Department of State Health Services
- 31 Texas Health and Human Services Commission
- 32 Texas Department of State Health Services
- 33 Texas Health and Human Services Commission
- 34 Texas Health and Human Services Commission
- 35 Texas Health and Human Services Commission
- 36 Texas Health and Human Services Commission
- 37 Texas Health and Human Services Commission
- 38 Texas Health and Human Services Commission
- 39 Texas Department of State Health Services
- 40 0
- 41 0
- 42 0
- 43 0
- 44 0
- 45 0
- 46 0
- 47 0
- 48 0
- 49 0
- 50 0
- 51 0
- 52 0
- 53 0
- 54 0
- 55 0
- 56 0
- 57 0
- 58 0
- 59 0
- 60 0
- 61 0
- 62 0
- 63 0
- 64 0
- 65 0
- 66 0
- 67 0
- 68 0
- 69 0
- 70 0
- 71 0
- 72 0
- 73 0
- 74 0
- 75 0
- 76 0
- 77 0
- 78 0
- 79 0
- 80 0
- 81 0
- 82 0
- 83 0
- 84 0
- 85 0
- 86 0
- 87 0
- 88 0
- 89 0
- 90
Governor
Appointments
Governor reappoints three members to the Texas Board of Physical Therapy Examiners
Appointments for March 24, 2021Appointed to the Texas Board of Physical Therapy Examiners, for terms to expire January 31, 2027:Harvey D. Aikman of McAllen, Texas (Mr. Aikman is being reappointed);Glenda Clausell of Houston, Texas (Ms. Clausell is being reappointed);Liesl L.S. Olson of Lubbock, Texas (Ms. Olson is being reappointed).
Governor
Appointments
Governor reappoints three members to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities
Appointments for March 25, 2021Appointed to the Task Force on Disaster Issues Affecting Persons who are Elderly and Persons with Disabilities, for terms to expire February 1, 2027:Stephanie Duke of Houston, Texas (Ms. Duke is being reappointed);Barbara “Kay” Kizer of Lufkin, Texas (Ms. Kizer is being reappointed);John D. Spann of Midlothian, Texas (Mr. Spann is being reappointed).
Governor
Appointments
Governor appoints Feyi Obamehinti, Ed.D., as presiding officer of the Texas Diabetes Council
Appointments for March 29, 2021Designated as presiding officer of the Texas Diabetes Council, for a term to expire at the pleasure of the Governor, Feyi Obamehinti, Ed.D. of Keller, Texas (Dr. Obamehinti is replacing Kathy Ann LaCivita, M.D. of San Antonio).
Advisory Board of Athletic Trainers
Appointments
Governor reappoints two members and appoints one new member to the Texas Diabetes Council
Appointments for March 29, 2021Appointed to the Texas Diabetes Council, for terms to expire February 1, 2027:Aida L. “Letty” Moreno-Brown of El Paso, Texas. (Ms. Moreno-Brown is being reappointed);Ninfa Peña-Purcell, Ph.D. of College Station, Texas (replacing William “David” Sanders of Dallas, whose term expired);Maryanne Strobel of Cypress, Texas (replacing Joan P. Colgin of Dallas, whose term expired).
Texas Health and Human Services Commission
Emergency Rule
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERSSUBCHAPTER C. GENERAL PROVISIONSDIVISION 1. OPERATIONS AND SAFETY PROVISIONS26 TAC §550.213OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers, Subchapter C, General Provisions, Division 1, Operations and Safety Provisions, new §550.213, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency rule to update screening requirements for certain persons authorized to enter a prescribed pediatric extended care center. The updates are consistent with current guidance provided by the Centers for Disease Control and Prevention (CDC).The emergency rule adds additional signs and symptoms, as outlined by the CDC, to the list of items a prescribed pediatric extended care center must screen for before allowing entry of persons providing critical assistance.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Prescribed Pediatric Extended Care Center Response to COVID-19–Screening.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §551.47, allowing limited indoor and outdoor visitation in intermediate care facilities
CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Part 1, Texas Administrative Code, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IID) or Related Conditions, new §551.47, concerning an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in ICF/IID. HHSC is adopting this new emergency rule to require limited indoor and outdoor visitation in an intermediate care facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034, may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. This emergency rulemaking reflects the continued reopening of the State of Texas. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Intermediate Care Facility COVID-19 Response–Expansion of Reopening Visitation.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §553.2003, allowing limited indoor and outdoor visitation in assisted living facilities
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, Subchapter K, COVID-19 Emergency Rule, new §553.2003, an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility. HHSC is adopting this emergency rule to require limited indoor and outdoor visitation in an assisted living facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Assisted Living Facility COVID-19 Response–Expansion of Reopening Visitation.
Texas Health and Human Services Commission
Emergency Rule
New 26 TAC §558.960, establishing screening requirements for personnel involved in home and community support services in response to COVID-19
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.960OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, new §558.960, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19.HHSC is adopting this emergency rule to require screening of staff, clients, and household members for COVID-19 and offer alternative methods to provide non-essential services.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing critical essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for HCSSA Response to COVID-19.
Texas Health and Human Services Commission
Emergency Rule
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTSSUBCHAPTER D. LICENSURE AND PROGRAM REQUIREMENTS26 TAC §559.65OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC or Commission) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 559, Day Activity and Health Services Requirements, new §559.65, concerning an emergency rule in response to COVID-19 in order to reduce the risk of transmission of COVID-19.HHSC is adopting this emergency rule to update screening requirements in accordance with Centers for Disease Control and Prevention guidance for those persons authorized to enter a day activity and health services facility. In addition, the emergency rule allows for the entry of volunteers who pass screening and receive appropriate training in infection control and prevention to enter the facility to assist with facility-coordinated activities.BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Emergency Rule for Day Activity and Health Services Response to COVID-19 – Screening and Activities.
Texas Department on Aging and Disability Services
Emergency Rule
Renewing 40 TAC §9.194, which established requirements for certain Medicaid HCS and CFC program participants living away from their residence due to COVID-19
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.194OVERVIEWThe Department of Aging and Disability Services is renewing the effectiveness of emergency new §9.194 for a 60-day period. The text of the emergency rule was originally published in the December 11, 2020, issue of the Texas Register (45 TexReg 8814).HHSC is renewing this emergency rule to require a program provider to take certain actions when an individual, whose residence is the program provider’s three-person or four-person residence, is living away from the residence because of concerns about COVID-19 transmission. Additional requirements associated with the new rule are listed in this week’s edition of the Texas Register (45 Tex Reg 8814). BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Emergency Rule for Changes to an Individual’s Residential Type and Services in the Home and Community-based Services Program.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER A. GENERAL PROVISIONS26 TAC §§303.101 – 303.102OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.101 (Purpose) and §303.102 (Definitions). SUMMARY OF CHANGES A detailed summary of substantive changes made by the amendments is included in this week’s edition of the Texas Register (46 Tex Reg 2318). BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER A. GENERAL PROVISIONS26 TAC §303.103OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), new §303.103 (Fair Hearing Process). SUMMARY OF NEW RULESection 303.103, Fair Hearing Process, is deleted and replaced with a new §303.103, concerning fair hearing process for PASRR determination and specialized services. The new section permits an individual seeking admission to a NF, a resident, or an individual’s or resident’s LAR to request a fair hearing to appeal a PASRR level II evaluation (PE) that is negative for intellectual disability (ID), developmental disability (DD), or MI; a denial of a specialized service; or the reduction, suspension, or termination of an IHSS or MI specialized service. The new §303.103 also clarifies that the LIDDA, LMHA, LBHA, service provider agency, or NF, as applicable, must ensure the provision of the specialized service if the hearing officer reverses a denial, reduction, or termination of that specialized service.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER B. PASRR SCREENING AND EVALUATION PROCESS26 TAC §§303.201 – 303.204OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.201 (Preadmission Process), §303.202 (Expedited Admission Process), §303.203 (Admission Process for Exempted Hospital Discharge) and §303.204 (Resident Review Process).SUMMARY OF CHANGES The proposed amendments to §§303.201, Preadmission Process, 303.203, Admission Process for Exempted Hospital Discharge, 303.301, Referring Entity Responsibilities Related to the PASRR Process, 303.401, Reimbursement for a PE or Resident Review, and 303.701, Transition Planning for a Designated Resident, replace references to a nursing facility with the abbreviation “NF.”The proposed amendment to §303.202, Expedited Admission Process, clarifies the expedited admission process.The proposed amendment §303.204, Resident Review Process, clarifies when a LIDDA, LMHA, or LBHA must conduct a resident review as a result of a change in condition of a resident with MI, ID, or DD.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER C. RESPONSIBILITIES26 TAC §§303.301 – 303.303OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.301 (Referring Entity Responsibilities Related to the PASRR Process), §303.302 (LIDDA, LMHA, and LBHA Responsibilities Related to the PASRR Process) and §303.303 (Qualifications and Requirements for Staff Person Conducting a PE or Resident Review). SUMMARY OF CHANGES A detailed summary of substantive changes made by the amendments is included in this week’s edition of the Texas Register (46 Tex Reg 2326). BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER D. VENDOR PAYMENT26 TAC §303.401OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.401 (Reimbursement for a PE or Resident Review). SUMMARY OF CHANGES The proposed amendment to §303.401, Reimbursement for a PE or Resident Review, clarifies that a LIDDA’s, LMHA’s, or LBHA’s payment for a PE or resident review includes assisting with the selection of another NF that will certify it can meet the needs of an individual seeking admission to a NF or resident with ID, DD, or MI when the original NF refuses to do so.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER E. HABILITATION COORDINATION26 TAC §§303.501, 303.502, 303.504OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.501 (Qualifications of a Habilitation Coordinator), §303.502 (Required Training for a Habilitation Coordinator), and §303.504 (Documentation Maintained by a LIDDA in a Designated Resident’s Record). SUMMARY OF CHANGES The proposed amendment to §303.501, Qualifications of a Habilitation Coordinator, changes a reference to intellectual and other developmental disabilities to the appropriate abbreviations for consistency with the other rules.The proposed amendment to §303.502, Required Training for a Habilitation Coordinator, updates the required training for a habilitation coordinator to include training on other HHSC rules affecting the LIDDA and on community support services and removes the requirement for person-centered thinking training to be approved by HHSC.The proposed amendment to §303.504, Documentation Maintained by a LIDDA in a Designated Resident’s Record, updates the required documentation that must be maintained by a LIDDA in a designated resident’s record to include the current plan of care and an implementation plan for each IHSS that appears on the plan of care. It also clarifies that the documentation of the designated resident’s progress or lack of progress must reflect the designated resident’s and LAR’s perspectives.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER F. HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT26 TAC §§303.601 – 303.602OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.601 (Habilitation Coordination for a Designated Resident), and §303.602 (Service Planning Team Responsibilities Related to Specialized Services). SUMMARY OF CHANGES A detailed summary of substantive changes made by the amendments is included in this week’s edition of the Texas Register (46 Tex Reg 2330). BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER F. HABILITATIVE SERVICE PLANNING FOR A DESIGNATED RESIDENT26 TAC §303.603OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), new §303.603 (Habilitation Coordination for a Designated Resident Receiving IHSS). SUMMARY OF NEW RULE Proposed new §303.603, Habilitation Coordination for a Designated Resident Receiving IHSS, describes habilitation coordination for a designated resident receiving IHSS. The section requires the habilitation coordinator to facilitate the coordination of the designated resident’s plan of care; assist a designated resident, LAR, or actively involved person in exercising the legal rights of the designated resident as a citizen and as a person with a disability; provide a designated resident, LAR, or family member with a written and oral explanation of the rights of a designated resident receiving IHSS; document the explanation of rights and ensure that the documentation is signed by the designated resident or LAR and the habilitation coordinator; immediately notify the NF and service provider agency if the habilitation coordinator becomes aware of an emergency that impacts the designated resident’s health or safety; be objective in assisting a designated resident or LAR in selecting a service provider agency; ensure that a designated resident, LAR, and service provider agency are informed of the name of the designated resident’s habilitation coordinator and how to contact the habilitation coordinator; and give the service provider agency a copy of the NF baseline care plan or NF comprehensive care plan. If the habilitation coordinator identifies a concern with the implementation of the plan of care, the habilitation coordinator must also ensure the concern is communicated to the service provider agency and attempts are made to resolve the concern.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER G. TRANSITION PLANNING26 TAC §303.701, §303.703OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.701 (Transition Planning for a Designated Resident) and §303.703 (Requirements for Service Coordinators Conducting Transition Planning). SUMMARY OF CHANGESThe proposed amendment to §303.701 replaces references to a nursing facility with the abbreviation “NF.”The proposed amendment to §303.703, Requirements for Service Coordinators Conducting Transition Planning, revises the training requirements that a service coordinator must complete prior to providing service coordination for a designated resident. This training no longer needs to include the process for making a referral for relocation services and housing options. In addition, the training must include an overview of community living options rather than how to present community living options.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER H. COMPLIANCE REVIEW26 TAC §303.801OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), amendments to §303.801 (LIDDA Compliance Review). SUMMARY OF CHANGES The proposed amendment to §303.801, LIDDA Compliance Review, revises the name of the section to “Compliance Review.” The amendment clarifies that HHSC conducts compliance reviews of the LMHAs and LBHAs, in addition to the LIDDAs, to ensure compliance with the PASRR process.BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 303. PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)SUBCHAPTER I. MI SPECIALIZED SERVICES26 TAC §§303.901 – 303.913OVERVIEW The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 303, concerning Preadmission Screening and Resident Review (PASRR), new Subchapter I (MI Specialized Services), consisting of §§303.901 – 303.913. SUMMARY OF NEW RULES A detailed summary of the new subchapter’s substantive provisions is included in this week’s edition of the Texas Register (46 tex Reg 2333). BACKGROUND AND JUSTIFICATION The purpose of the amendments, new sections, and repeal is to describe the new responsibilities of local intellectual and developmental disability authorities (LIDDAs) regarding intellectual and developmental disabilities (IDD) habilitative specialized services. The amendments, new sections, and repeal make the requirements in Chapter 303 consistent with new rules currently being developed for IDD habilitative specialized services in Chapter 368 (Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services).HHSC is also clarifying definitions, updating TAC references, adopting person-first respectful language, incorporating the abbreviation for IDD habilitative specialized services (IHSS) and nursing facility (NF), revising certain responsibilities of the LIDDA, local mental health authority (LMHA), and local behavioral health authority (LBHA) related to PASRR, clarifying and updating training requirements, and revising requirements of a LIDDA regarding transition planning.Finally, a new subchapter and related provisions are added to this chapter. The new subchapter and related provisions describe the requirements of a LIDDA, LMHA, and LBHA regarding specialized services for individuals with mental illness (MI) in accordance with 42 CFR §483.120 and the Performance Contracts with the LIDDAs, LMHAs, and LBHAs.
Texas Health and Human Services Commission
Proposed Rules
Repealing 26 TAC §§553.61 – 553.64 to allow for the proposal of new rules regarding the construction of an assisted living facility
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER D. FACILITY CONSTRUCTION26 TAC §§553.61 – 553.64OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) repeals §§553.61 – 553.64 in Title 26, Texas Administrative Code (TAC), Chapter 553, Licensing Standards for Assisted Living Facilities.BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement Senate Bill (S.B.) 1049, 85th Legislature, Regular Session, 2017, by amending the Licensing Standards for Assisted Living Facilities in Texas Administrative Code, Title 26, Chapter 553, to adopt the 2012 edition of National Fire Protection Association (NFPA) 101, Life Safety Code for assisted living facilities (ALF). Currently, ALFs in Texas must comply with the 2000 edition of the NFPA 101, which was adopted in January 2014.The proposal repeals current 26 TAC §§553.61 – 553.64. The content currently in these sections is spread throughout the reorganized Subchapter D.
Texas Health and Human Services Commission
Proposed Rules
New 26 TAC, Chapter 553, Subchapter D, establishing updated requirements for the construction of an assisted living facility
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER D. FACILITY CONSTRUCTIONOVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§553.100, 553.101, 553.103, 553.104, 553.107, 553.110 – 553.113, 553.115 – 553.123, 553.125 – 553.149, 553.210 – 553.213, 553.215 – 553.223, 553.225 – 553.249, and 553.251, in Subchapter D, concerning Facility Construction, in Title 26, Texas Administrative Code (TAC), Chapter 553, Licensing Standards for Assisted Living Facilities.SUMMARY OF NEW RULEA detailed summary of substantive provisions contained in the new subchapter is included in this week’s edition of the Texas Register (46 Tex Reg 2339). BACKGROUND AND JUSTIFICATION The purpose of the proposal is to implement Senate Bill (S.B.) 1049, 85th Legislature, Regular Session, 2017, by amending the Licensing Standards for Assisted Living Facilities in Texas Administrative Code, Title 26, Chapter 553, to adopt the 2012 edition of National Fire Protection Association (NFPA) 101, Life Safety Code for assisted living facilities (ALF). Currently, ALFs in Texas must comply with the 2000 edition of the NFPA 101, which was adopted in January 2014.The proposal repeals current 26 TAC §§553.61 – 553.64. The content currently in these sections is spread throughout the reorganized Subchapter D.The proposal also reorganizes Subchapter D into divisions by facility size and type to provide consistency across divisions. HHSC licenses two types of facilities: Type A and Type B. Type A facilities may care for residents who are physically and mentally able to evacuate unassisted during an emergency. Type B residents may be incapable of following directions in an emergency and may require assistance from staff to evacuate. Both types of facilities are classified as either small or large, depending on the number of residents. A small facility has 16 or fewer residents, and a large facility has 17 or more residents.
Texas Health and Human Services Commission
Withdrawn Rule
Withdrawing 26 TAC §509.67, regarding miscellaneous policies and protocols for freestanding emergency medical care facilities
CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIESSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §509.67The Health and Human Services Commission withdraws the proposed new §509.67, concerning Miscellaneous Policies and Protocols, which appeared in the January 22, 2021, issue of the Texas Register (46 TexReg 527).The previously proposed rule was part of a reorganization which transferred authority over Freestanding Emergency Medical Care Facilities to HHSC.
Texas Health and Human Services Commission
Withdrawn Rule
Withdrawing 26 TAC §551.47, which established limitations for indoor and outdoor visitation at Intermediate Care Facilities
CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47The Health and Human Services Commission withdraws the emergency adoption of new §551.47, which appeared in the October 30, 2020, issue of the Texas Register (45 TexReg 7663).HHSC previously adopted this emergency rule to require limited indoor and outdoor visitation in an intermediate care facility. The purpose of the new rule was to describe the requirements related to such visits.
Texas Health and Human Services Commission
Withdrawn Rule
Withdrawing 26 TAC §553.2003, which established limitations for indoor and outdoor visitation at Assisted Living Facilities
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003The Health and Human Services Commission withdraws the emergency adoption of new §553.2003, which appeared in the October 30, 2021, issue of the Texas Register (45 TexReg 7668).HHSC previously adopted this emergency rule to require limited indoor and outdoor visitation in an assisted living facility. The purpose of the new rule was to describe the requirements related to such visits.
Texas Department of State Health Services
Adopted Rules
Amending 25 TAC §133.46 to implement restrictions on certain out-of-network billing practices for hospitals
CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.46OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §133.46, concerning Hospital Billing.The amendment is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 8970). This rule will not be republished.BACKGROUND AND JUSTIFICATION The amendment is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Department of State Health Services
Adopted Rules
Amending 25 TAC §135.4 to implement restrictions on certain out-of-network billing practices for ambulatory surgical centers
CHAPTER 135. AMBULATORY SURGICAL CENTERSSUBCHAPTER A. OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS25 TAC §135.4OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §135.4, concerning Ambulatory Surgical Center (ASC) Operation.The amendment is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 8972). This rule will not be republished.BACKGROUND AND JUSTIFICATION The amendment is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Department of State Health Services
Adopted Rules
Amending 25 TAC §137.39 to implement restrictions on certain out-of-network billing practices for birthing centers
CHAPTER 137. BIRTHING CENTERSSUBCHAPTER D. OPERATIONAL AND CLINICAL STANDARDS FOR THE PROVISION AND COORDINATION OF TREATMENT AND SERVICES25 TAC §137.39OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §137.39, concerning General Requirements for the Provision and Coordination of Treatment and Services.The amendment is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 8974). This rule will not be republished.BACKGROUND AND JUSTIFICATION The amendment is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Department of State Health Services
Adopted Rules
Amending 25 TAC §139.60 to implement restrictions on certain out-of-network billing practices for abortion facilities
CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSINGSUBCHAPTER D. MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES25 TAC §139.60OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts an amendment to §139.60, concerning Other State and Federal Compliance Requirements.The amendment is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 8976). This rule will not be republished.BACKGROUND AND JUSTIFICATION The amendment is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Health and Human Services Commission
Adopted Rules
New 26 TAC §506.37, implementing restrictions on certain out-of-network billing practices for special care facilities
CHAPTER 506. SPECIAL CARE FACILITIESSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §506.37OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §506.37, concerning Balance Billing.The new rule is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 9027). This rule will not be republished.BACKGROUND AND JUSTIFICATION The new rule is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Department of State Health Services
Adopted Rules
New 26 TAC §507.50, implementing restrictions on certain out-of-network billing practices for end stage renal disease facilities
CHAPTER 507. END STAGE RENAL DISEASE FACILITIESSUBCHAPTER D. OPERATIONAL REQUIREMENTS FOR PATIENT CARE AND TREATMENT26 TAC §507.50OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §507.50, concerning Balance Billing.The new rule is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 9029). This rule will not be republished.BACKGROUND AND JUSTIFICATION The new rule is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Health and Human Services Commission
Adopted Rules
New 26 TAC §509.67, implementing restrictions on certain out-of-network billing practices for freestanding emergency medical care facilities
CHAPTER 509. FREESTANDING EMERGENCY MEDICAL CARE FACILITIESSUBCHAPTER C. OPERATIONAL REQUIREMENTS26 TAC §509.67OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §509.67, concerning Balance Billing.The new rule is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 9030). This rule will not be republished.BACKGROUND AND JUSTIFICATION The new rule is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Health and Human Services Commission
Adopted Rules
Amending 26 TAC §510.45 to implement restrictions on certain out-of-network billing practices for private psychiatric hospitals and crisis stabilization units
Adopted Rules
Amending various sections in 26 TAC, Chapter 558 to implement new operational requirements for home and community support services
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESOVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§558.1 – 558.3, 558.11, 558.13, 558.15, 558.17, 558.19, 558.21, 558.23, 558.25, 558.27, 558.29 – 558.31, 558.202, 558.208, 558.213, 558.214 – 558.220, 558.222, 558.241 – 558.250, 558.252, 558.255 – 558.257, 558.259, 558.260, 558.281 – 558.287, 558.289, 558.290, 558.291, 558.292, 558.295 – 558.299, 558.301 – 558.303, 558.321, 558.322, 558.401, 558.402, 558.404 – 558.407, 558.501, 558.503, 558.505, 558.507, 558.521, 558.523, 558.525, 558.527, 558.601 – 558.604, 558.701, 558.801, 558.810, 558.811, 558.820, 558.821, 558.823, 558.830, 558.832, 558.834, 558.842 – 558.845, 558.852 – 558.857, 558.859, 558.860, 558.870, 558.871, and 558.880 in Title 26, Part 1, Chapter 558, concerning Licensing Standards for Home and Community Support Services Agencies.BACKGROUND AND JUSTIFICATION The amendments, new sections, and repeal are necessary to comply with changes to the Texas Health and Safety Code Chapter 142, and the Texas Occupations Code Chapters 56 and 57, made by Senate Bills 916 and 37, and House Bills 2594 and 3193, all enacted during the 86th Legislature, Regular Session, 2019.House Bill (HB) 3193 increases the licensing period from two years to three years and increases the maximum amount that HHSC may charge for licensure fee.Senate Bill (SB) 916 removes “palliative care for terminally ill clients” from services described as being included in the statutory definition of “hospice services.”SB 37 amends the subparagraph that prohibits certain disciplinary action against a person based on the person’s default on a student loan default based on the amendments to the Texas Occupations Code.HB 3079 gives HHSC the authority to investigate abuse, neglect, and exploitation of a home and community support services agency (HCSSA) client receiving inpatient hospice services.HB 2594 allows a health care professional employee of a hospice provider who meets certain requirements to dispose of a patient’s controlled substance prescriptions.The amendments are also necessary to update the licensure process to reflect the transition from paper applications to the use of the online licensure portal called Texas Unified Licensure Information Portal (TULIP) and clarifying other processes relating to licensure.Additionally, the amendments change the agency’s name from “DADS” to “HHSC” throughout the chapter and update rule references throughout the chapter as a result of the administrative transfer of the chapter from 40 TAC Chapter 97 to 26 TAC Chapter 558 in May 2019.
Texas Health and Human Services Commission
Adopted Rules
New 26 TAC §§558.12, 558.861, 558.862, and 558.863 to implement new operational requirements for home and community support services
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESOVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §§558.12, 558.861, 558.862, and 558.863 in Title 26, Part 1, Chapter 558, concerning Licensing Standards for Home and Community Support Services Agencies.BACKGROUND AND JUSTIFICATION The amendments, new sections, and repeal are necessary to comply with changes to the Texas Health and Safety Code Chapter 142, and the Texas Occupations Code Chapters 56 and 57, made by Senate Bills 916 and 37, and House Bills 2594 and 3193, all enacted during the 86th Legislature, Regular Session, 2019.House Bill (HB) 3193 increases the licensing period from two years to three years and increases the maximum amount that HHSC may charge for licensure fee.Senate Bill (SB) 916 removes “palliative care for terminally ill clients” from services described as being included in the statutory definition of “hospice services.”SB 37 amends the subparagraph that prohibits certain disciplinary action against a person based on the person’s default on a student loan default based on the amendments to the Texas Occupations Code.HB 3079 gives HHSC the authority to investigate abuse, neglect, and exploitation of a home and community support services agency (HCSSA) client receiving inpatient hospice services.HB 2594 allows a health care professional employee of a hospice provider who meets certain requirements to dispose of a patient’s controlled substance prescriptions.
Texas Health and Human Services Commission
Adopted Rules
Repealing 26 TAC §558.861 to allow for the implementation of new operational requirements for home and community support services
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESDIVISION 6. HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES26 TAC §558.861OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §558.861 in Title 26, Part 1, Chapter 558, concerning Licensing Standards for Home and Community Support Services Agencies.BACKGROUND AND JUSTIFICATION The amendments, new sections, and repeal are necessary to comply with changes to the Texas Health and Safety Code Chapter 142, and the Texas Occupations Code Chapters 56 and 57, made by Senate Bills 916 and 37, and House Bills 2594 and 3193, all enacted during the 86th Legislature, Regular Session, 2019.House Bill (HB) 3193 increases the licensing period from two years to three years and increases the maximum amount that HHSC may charge for licensure fee.Senate Bill (SB) 916 removes “palliative care for terminally ill clients” from services described as being included in the statutory definition of “hospice services.”SB 37 amends the subparagraph that prohibits certain disciplinary action against a person based on the person’s default on a student loan default based on the amendments to the Texas Occupations Code.HB 3079 gives HHSC the authority to investigate abuse, neglect, and exploitation of a home and community support services agency (HCSSA) client receiving inpatient hospice services.HB 2594 allows a health care professional employee of a hospice provider who meets certain requirements to dispose of a patient’s controlled substance prescriptions.
Texas Health and Human Services Commission
Adopted Rules
Repealing 26 TAC §558.861 to allow for the implementation of new operational requirements for home and community support services
CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESDIVISION 6. HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES26 TAC §558.861OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §558.861 in Title 26, Part 1, Chapter 558, concerning Licensing Standards for Home and Community Support Services Agencies.BACKGROUND AND JUSTIFICATION The amendments, new sections, and repeal are necessary to comply with changes to the Texas Health and Safety Code Chapter 142, and the Texas Occupations Code Chapters 56 and 57, made by Senate Bills 916 and 37, and House Bills 2594 and 3193, all enacted during the 86th Legislature, Regular Session, 2019.House Bill (HB) 3193 increases the licensing period from two years to three years and increases the maximum amount that HHSC may charge for licensure fee.Senate Bill (SB) 916 removes “palliative care for terminally ill clients” from services described as being included in the statutory definition of “hospice services.”SB 37 amends the subparagraph that prohibits certain disciplinary action against a person based on the person’s default on a student loan default based on the amendments to the Texas Occupations Code.HB 3079 gives HHSC the authority to investigate abuse, neglect, and exploitation of a home and community support services agency (HCSSA) client receiving inpatient hospice services.HB 2594 allows a health care professional employee of a hospice provider who meets certain requirements to dispose of a patient’s controlled substance prescriptions.
Texas Health and Human Services Commission
Adopted Rules
New 26 TAC §564.28, implementing restrictions on certain out-of-network billing practices for substance-use disorder treatment facilities
CHAPTER 564. TREATMENT FACILITIES FOR INDIVIDUALS WITH SUBSTANCE-RELATED DISORDERSSUBCHAPTER B. LICENSING REQUIREMENTS26 TAC §564.28OVERVIEWThe Texas Health and Human Services Commission (HHSC) adopts new §564.28, concerning Balance Billing.The new rule is adopted without changes to the proposed text as published in the December 18, 2020, issue of the Texas Register (45 TexReg 9108). This rule will not be republished.BACKGROUND AND JUSTIFICATION The new rule is necessary to comply with Senate Bill (S.B.) 1264, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules relating to consumer protections against certain medical and health care billing by out-of-network licensed health care facilities, including abortion facilities, ambulatory surgical centers, birthing centers, chemical dependency treatment facilities, crisis stabilization units, end stage renal disease facilities, freestanding emergency medical care facilities, general and special hospitals, narcotic treatment programs, private psychiatric hospitals, and special care facilities.
Texas Department of State Health Services
In Addition
Correction of error: regarding limitations on the use of radiation machines in veterinary medicine
The Department of State Health Services proposed a new rule to 25 TAC §289.233 in the January 1, 2021, issue of the Texas Register (46 TexReg 51), regarding limitations on the use of radiation machines in veterinary medicine. Due to a publishing error by the Texas Register, the text in 25 TAC §289.233(d)(22) was published incorrectly. The text should be published as follows:(d)(22) Committed Effective Dose Equivalent (HE,50)–The sum of the products of the weighting factors applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to these organs or tissues (HE,50 = &Sgr;WTHT.50).
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0